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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/8/2004 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - March 8, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Barry LeBaron and Clayton Husband from staff were present. INVOCATION The invocation was given by Commissioner Jones CITIZEN COMMENTS None AGENDA ITEMS Chairman Wall announced that the item regarding the zoning change on Shelton Drive would be considered first due to the large number of people in the audience for this item. 1. Case Z-04-013 - TABLED ITEM - Zoning Change from AG Agricultural to R20 Single Family Residential on 9.8 acres located at 600 Shelton Drive Motion by Commissioner Jones to remove the item from the table for discussion, seconded by Chairman Wall. The motion was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Clayton Husband stated that staff received a letter from the applicant this afternoon requesting that the item remain on the table. The Commission discussed the options of tabling the case versus taking action on the case. Motion by Chairman Wall to table the zoning case, seconded by Commissioner Byerly, subject to staff notifying the applicant that he must provide at least seven days notice prior to the hearing date before the Commission, and that the surrounding property owners be notified of the hearing date. The motion to table was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes -March 8, 2004 Page 1 of 4 Approved March 22, 2004 2. Case Z-04-014 - PUBLIC HEARING - Special Use Permit for alcoholic beverage sales for on-premise consumption on 1.97 acres located at 5400 State Highway 121 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones stated there are other restaurants within this area that serve alcoholic beverages. Chairman Wall opened the public hearing. Cheryl Lander, 4831 Lakeside Drive. She stated she is a teacher at Colleyville Heritage High School and expressed her concern about the sale of alcoholic beverages next to the school. Dorcas Newell, 4612 State Highway 121. She stated her opposition to the request. Greg Lander, 4831 Lakeside Drive. He stated his concerns about the sale of alcoholic beverages next to the school and the visibility of signs advertising alcohol. There being no one else wishing to speak, the public hearing was closed. Bill Winkler, applicant, 7124 Church Street, Fort Worth. He stated there will be no signage advertising the sale of alcohol and that the restaurant will not open until four in the afternoon after school is out. He stated the business would generate revenue subject to sales tax. Chairman Wall asked for clarification on the Special Use Permit and the required waiver from the distance requirement. Staff advised that the code requires a Special Use Permit before alcohol can be sold, and that there is a separate requirement for distances from public schools. Staff stated the distance requirement can only be waived by the City Council, as required by the Texas Alcoholic Beverage Code. Commissioner Jones stated that at the time the decision was made to build the school at its location, the affect on potential restaurants in this part of town was a concern. Commissioner Swift stated there is a precedent with the fact that other restaurants are already in the area, and the restaurant would not be open during school hours. Commissioner Byerly suggested that the special use permit include restrictions on the hours of operation and signage related to alcohol sales. Motion by Commissioner Byerly to approve the Special Use Permit, seconded by Commissioner Kelly, subject to the following requirements: 1. there be no outside signage advertising the sale of alcoholic beverages 2. the hours of operation for the restaurant be limited to those stated in the application Planning & Zoning Commission Minutes -March 8, 2004 Page 2 of 4 Approved March 22, 2004 The Special Use Permit was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 3. Case Z-04-011 - TABLED ITEM - Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard Motion by Commissioner Byerly to remove the item from the table for discussion, seconded by Commissioner Kelly. The motion was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Dan Poremba, 5670 Greenwood Plaza Boulevard, Suite 300, Greenwood Village, Colorado and Bennett Ratliff, The Ratliff Group, Coppell. Mr. Poremba and Mr. Ratliff made a comprehensive presentation to the Commission about ServiceStar Development and the specific project. The Commission discussed with the applicant issues related to the widening of Colleyville Boulevard, traffic distribution, the phasing of the buildings on the site, the mix of office and retail land uses and outside display and screening. Chairman Wall stated the mix of land uses could be restricted to limit the square footage of non-sales tax generating businesses. Chairman Wall opened the public hearing. Those present wishing to speak were: Kipp Whitman, 3402 Crossgate Circle South. He provided comments on the proposed project and the proposed land uses. There being no one else present wishing to speak, Chairman Wall closed the public hearing. Commissioner Jones asked that the comments regarding land uses be forwarded on to the City Council. Staff advised that comments regarding zoning changes, especially planned unit developments, are mentioned in the briefing to the City Council. The Commission suggested removing the following land uses from the permitted uses: second hands goods shops, building materials with outside storage, veterinarian offices with kennels, and indoor amusements. Planning & Zoning Commission Minutes -March 8, 2004 Page 3 of 4 Approved March 22, 2004 Motion by Commissioner Byerly to approve the zoning change request, seconded by Commissioner Swift, subject to no outside storage areas being visible from Colleyville Boulevard. The zoning change request was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 4. Discussion of the Master Plan Update: Mr. LeBaron reminded the Commission of the upcoming neighborhood meeting on Thursday, March 11, which will be held at the Colleyville Center. 5. Staff Comments, Reports and Discussion Items: None 6. Commissioners' Comments and Reports: The Commission discussed the complexity of planned unit developments for commercial property. ADJOURNMENT The Commission adjourned the meeting at 9:25 p.m. by acclamation. Respectfully Submitted, ~~~ J. CI t Husband AICP Deve opment Coordinator Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes -March 8, 2004 Page 4 of 4 Approved March 22, 2004